The basic framework of Maryland’s intestacy law - which governs who inherits if someone dies without a will - was written in the 1950’s. Obviously a great deal has changed in our culture since then and a serious review of these antiquated and arcane laws is long overdue. Let me give just one example of a law that might make you scratch your head: if someone dies in Maryland without a will, is married, has no children, but has surviving parents, their spouse doesn’t inherit everything from them unless they’ve been married at least five years. This and many other provisions are going to be analyzed in a work group I’m chairing composed of lawyers and other Registers. We’ll take a deep dive into these outdated laws to make them more closely reflect the expectations of the average citizen, and more closely reflect our state’s values.

In the next few years, the Registers of Wills will be implementing a complete overhaul of our internal case management and fiscal accounting system. As part of this, we will move to join with the rest of the Maryland Judiciary in allowing some form of e-filing. This has long been a goal of mine and we are finally almost there. As you can imagine, designing, testing, and implementing a system like this is no small undertaking, and we have been working to carefully and thoughtfully design a system that will allow attorneys and members of the public to conduct business with our offices without having to use the mail or visit the courthouse. I will continue to be a strong advocate for this new system and am excited to be a part of making this long-awaited advancement to become a reality.

Maryland continues to require that notices of estates opening be published in a print newspaper, costing the public $1.4 million a year. The purpose of these notices is not to inform the general public, but to reach unknown heirs and creditors who may have an interest in the estate. In 12 years as Register, my office has never been contacted by a single heir who was left out of the initial estate paperwork, or creditor who was unaware the decedent had died, by reading about the estate in a newspaper.

The continued existence of this requirement puts families at the mercy of these private publications, who can charge exorbitant amounts to put these notices in print. In some jurisdictions the cost is as low as $20 and in others it is over $300.

The Registers already provide these notices on our website - for FREE! Our goal is to allow these notices to lobby to change the law, allow these notices to be published online, and save the public $1.4 million for notices that have proven ineffective in their intended purpose.

When someone opens an estate in Maryland, they’re applying to become a personal representative, a fiduciary responsible for administering the estate. The law requires this person to obtain a surety bond to protect the beneficiaries of the estate in case of financial mismanagement. In most estates, the value of the estate is low enough that a bond is not necessary, the will excuses this requirement, or the heirs of someone who dies without a will all consent to waive this requirement. Regardless, Maryland law requires that many personal representatives obtain what’s called a “nominal bond” to cover debts of the decedent and probate fees to the Register of Wills. These bonds are almost never charged, however, resulting in a lot of time and money wasted obtaining them. Statewide, these bonds cost Maryland families over $1 million per year. I will work with stakeholders to advocate for eliminating this costly and pointless requirement.

Technological advances in our society and emergencies like the COVID-19 pandemic have shown it’s both possible and necessary for Maryland to join a growing number of states that permit the use of electronic wills or “e-wills”. We conduct so much of our personal affairs electronically that drafting, executing, and storing a will should be no different. Allowing e-wills will make it easier for more people to create them - particularly those of modest means - to do it entirely remotely with electronic witnessing and signatures, and ensure that in the case of an emergency someone can make their last wishes known and enforceable. I’ll be working with stakeholders and my fellow Registers to ensure expanded access to important legal planning and the secure storage of e-wills.

I’m committed to continuing a proud tradition of outstanding service to members of the public. This means making sure that families who need help receive prompt, professional, compassionate service that helps them solve their problems and resolve their loved one’s estates as easily and quickly as possible.

My staff and I are here to serve the public, and we do that best when we’re receptive and responsive to feedback from the people who come to us for help. When we find policies or procedures that can be modified or reformed to better serve our community, my staff and I will work diligently to analyze current practices and implement needed change. I always have and always will believe in continually reinvention and renewal to meet the needs of the people.

Remaining connected with members of our community and serving as a resource for people who are looking to better understand wills and estates will always be a priority for me. I’ll continue to speak at our libraries and senior centers, continue to conduct seminars at Howard Community College, and continue to make myself available to visit neighborhood groups, church groups, and any kind of association or community group to get people the answers they need about these important topics.